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Home My WebLink About1000-26.-1-20.1 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) South old, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: June 19, 2006 Re: Proposed Permit to Wetland Permit for Dan Kelly and Laura Weil SCTM#1000-26-1-20.1 LAURA WElL requests a Transfer of Permit #4349 from Dan Kelly to Laura Weil and an Amendment to Permit #4349 to construct a 3.5'X 80' fixed timber dock in place of existing dock consisting of3.5'X 40 fixed catwalk, 32"X 20' ramp, and 6'X 24' float; remove and replace (in- place) approx. 185 linear ft. of existing timber bulkhead with vinyl; and backfill with approx. 50 cy. of clean sand fill to be trucked in from an upland source. This review will only encompass the extension of the dock structure. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Prol!ram (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is mv recommendation that the proposed action is INCONSISTENT with the followinl! L WRP Policy Standards; The action proposed timber to be treated with CCA. Please review the use of the material to Chapter 97 rel!ulations. 6.1 Protect and restore ecological quality throughout the Town of Southo/d. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: 1. Physical loss of ecological components Physical loss is often the most obvious natural resource impairment to identify. It usually results from discrete actions, such as filling or excavating a wetland or clearing an upland forest community prior to development. The dock will protrude an additional 14 feet into Orient Harbor form the existinl! lenl!th. Larl!e. historic populations of eell!rass were found in the area and the area continues to . exhibit prime habitat for eel!!rass. It is unknown if eel!!rass currently exists in the area where the dock is proposed to be extended. The physical impact will involve the shadin!! of bottom land where the dock is located and a PERMANENT loss in ample habitat for eel!!rass or even existin!! eel!!rass populations. B. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. 4. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. 5. Avoid permanent adverse change to ecological processes. The proposed action would result in a physical loss of ecolo!!ical components as indicated above. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. B. Ensure that interference with passage along the shoreline is limited to the minimum extent necessary to gain access from the upland to the water. E. Provide access to. and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 2. Permit limited obstruction of public use, including navigation, in navigable waters: (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The applicant enjoys access to public waters via an existing 66 foot long dock structure. The applicant has not demonstrated that the proposed action meets the above criteria listed in (4) a, b, and c above to allow docks in this area. The L WRP does not support the construction of larl!e dock structures. Correspondinl!lv the L WRP recommends the use of "alternatives to lonl! viers or docks include use of dinl!hies to reach moored boats and moorillfl in nearbv marinas ". Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. .":,:.",;;-",,~ ~.-tti."""~,- ""'....,~\ ,....,'r.'. ."""'"'Ji.....~ '''',''A1'''f'~ .,...-:_:~".........~...- "-"~"'''''':'..''\ <~-~-'\ \ r\ re t l~ ~ ~ S\.....'. L WRP CONSISTENCY ASSESSMENT FORM U \!; -- \ \ Town of South old A. / A rr-\ 3. ~7 I: ~~ INSTRUCTIONS \110\ , ,.,.....~, ..... \ .1 1. All applicants for permits* including Town of Southold agencies, s ",this CCAF for.. proposed actions that are subject to the Town of Southold Waterfront Co istency Rel\rJe,w Law. This assessment is intended to supplement other information used by a', To outho!!.~en~II making a determination of consistency. * Except minor exempt actions )J:lclutiing- J5Ullding Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. ~ 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of South old Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, !istin!! both sUJ)J)ortin!! and non- supportin!! facts. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 'IAV ~ I' L':>CO. l\i \ I ,'J '"'. 26 1 20.1 Laura Weil PROJECT NAME The Application has been submitted to (check appropriate response): Town Board D Planning Board 0 Building Dept. D Board of Trustees 0 I. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) D D (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: EJ Nature and extent of action: Amendment to Permit #4349 to construct a 3.5' x 80' fixed timber dock in place of existing dock consisting of 3.5' x 40' fixed catwalk, 32" x 20' ramp, and 6' x 24' float: remove and replace (in-place) approximately 185 linear feet of existing timber bulkhead with vinyl: and backfill will approxi- mately 50 cubic yards clean sand fill to be trucked in from an upland source, all as depicted on the project plan prepared by En-Consultants, Inc., dated May 10, 2006. Location of action: 2760 Village Lane, orient Site acreage: 0.25 Present land use: Residential Present zoning classification: R - 4 0 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Laura Weil (b) Mailing address: 142 West 57th Street New York, NY 10019 (c) Telephone number: Area Code ( ) 212-570-9610 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D No~ If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. DYes D No 0 Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes D No 0 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria [J Yes C No 0 Not Applicable The dock portion of the proposed project is consistent with Policy 3 as it consists only of the conversion of an existing catwalk, ramp, and float assembly extending i83 into the waterway into a fixed pier extending i80' into the waterway. Thus, the project will not significantly nor adversely alter the existing conditions, and the proposed conditions are in harmony with the adiacent dock to the north. The bulkhead replacement 1S exempt Attach additional sheets if necessary from the requirements of the LWRP. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria DYes 0 No 0 Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria OS Yes C No UNotApplicable The dock portion of the proposed proiect is consistent with Policy S. as it will eliminate the existing 6' x 24' float and thus 144 square feet of treated timber located in the surface waters of Orient Harbor. The bulkhead replacement is exempt from the requirements of the LWRP. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~ Yes 0 No C Not Applicable For reasons noted in the responses to Policies 3 & 5, the conversion of the proposed dock will have a neutral or P9?it~y~ impact with respect to any potential physical loss, degradation, or functional loss of ecologirril components, including effects such as the fragmentation of ecoloqical communlties or loss of tidal wetlands. The bulkhead replacement is exempt from the requirements of the LWRP. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. DYes 0 NoQg Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes 0 No Qg Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of South old. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes 0 No 0 Not Applicable The proposed dock is consistent with Policy 9 iD-1ha~it will extend into the waterway less than the existinq structure and less than the existing. adjacent structure to the north. Thus, it will not cause or create any new obstruction to the waterway. The bulkhead replacement is exempt from the requirements of the LWRP. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. DYes 0 No [1J Not Applicable Because the prolect consists only of the alte~ation of an existing, permitted, non-commercial dock faclllty and the ordinary malntenance of an existing bulkhead, Policy 10 is not appllcable. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes D No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of South old. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes 0 No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes 0 No ~ Not Applicable PREPARED BY I -' TITLE Coastal Mgmt. SpeCOATE 5/24/06 , Robert E. Herrmann Amended on 8/1/05 " ~ 51fe ( NUSS VIA 5!Jr?xCf PRopeRlY) Orien t 5uffdk ~ H~"" ~'2 pi.. _:~:}OOO I Harbor .-.-- ----- ------~--------------------------- +12' +16' I, E, ..,.Le PROPOSED 8' PILE (TYP.) ~ or ~ 5' '" ". \. .',. . '+15~. . "-' "~ .... . "". '. ~'.. "+'3 ~ .!:44' OF BACKFILL ''-1,.::/ AHW i'm. Ex. Dwelling L< ______ _ ~ _ e~, bulkheo.d ~ 7 N/F BREDEMEYER Notes: I) Purpo5e: Mainl:a~ "'1:;tJ"'I """I'" am-d_. ,.,..,I modification of ""%1"'1 dock for private, ,,,,n,,,,mercla !.,at doc""" ~~~atj,I"'II~tim~\o~-:) 4!lw",,-'mateI4 '70 ~~,.,..,I fill \0 .;~.. fr"" upl,.,..,l 5OJl"CO & u..d a5 backfill '7) Water depth, pr<Nld.d b4 h4drocraphlC 5Urv"4 perflTll1ed b4 50a !-evel Mappl"'l- dated 12-28-0'7 6) ~'I%I"'I dock perm~ted b4 S:uthdd WetJ,.,..,I,,.,..,I Coa>ta ~r05kJn ~ Permits No, 4'49, NY5D~C -rvvr No 1-41'8-00962, ,.,..,I1I.pt, of the iV1n4 Perm~ No, 94-0'7210 1) Prop~ locatkJn: 2160 VIII",!" !-'"", Orient, SCfM #1000-26-1-20,1 EX. TIMBER--OOL-K1-IEAD TO +16' BE REMOVED &, REPC'Ae-ED----3.::.k.--- <IN-PLACE> \.JITH VINYL --... EX, GROIN ---------2----.t.B TO REMAIN -------------____ ALW _ ------------1----__ - hJ..W :, PROPO~D 3.5' X 40' L-..Q--E*T~f'lSION OF FIXED DOCK TO REPLACE 20' RAMP &, 24' FLOAT LX. 3.5' X 40' SECTION Or--FTIED DOCK TO _. _~E REPLACED <IP) [iCGROIN TO REMAIN ALW_ - -- ~ -., '" > !;: ::0 j; ~ AI-IW AHW ---- - 1 H = 50' Village Lane ~ 3' <D C/J ,..,. .., Q) Q) ,..,. ~ - x' ~ 0. ~ 3' "" ~ 0.' o - 'n' I ",,' , , 1,' (\" I I f i_. L~ _, -. EN-CONSULTANTS INC. 1319 NORTH SEA RD. SOUTHAMPTON, N.Y. 11968 631-283-6360 PROPOSfI? IN-Pl-.HJ mKl--ifAl? rf;MOVti- ANI? rf;Pl-lUME:Nf (In ANI? flXW I?OCK fX-rt:N510N fOR l-ALlRA ~Il- ON ORlfNf HAR17OR, ORlfNf, 5UffOl-K COUNfY, NY 5f-Un Of 2 '7/10/06 0> en --L m WOWZ --LC--LI l--ttOn ~:CZO WJ>OZ 'S::oen O'l-o-iC ~-i:c!::j oOen)> ZmZ - J>-i Z en . :D_ :<oz ...... C') ..... c.o O'l 00 . 1-- :!:,,'Cva-)--, ~ NfA OF 11151lJ(B.ANCE/ I3KKflcc 4" X 6" fCl' fOlUMtR Ie I,' 2" Of x >U ~,' >),,\,",~ I PRCl'05W 80' flXW IICXK to BE CON5mt:fW IN Pl-/a OF EX. IICXK 80' -, ,.f.,''''"''- (2) 6" X 6" WAl-E5 1tMI~2'-611 Al-W-O'-O" -2'-011 _?}'-O" 8" IlEAl/MAN 1/4" , 9" , 14' VINYl- "ttAlHINiA 10" X 16' PIUNiA5 -+-8' PEN I ~!R~~ ~ "" '3 ~ 8"~PlcINiA5CfY1'') -\ Gi ~ \:;) SCAL.E: :1" .. 10' N, C) -.::s ~ ~ ~ ~ ~ '3 SfC110N IHRU PROPOSfD BUL-KHfAt7 RfPlf\CfMfNf (IN-Plf\CD ANDIHRU ~ .~ ~ ~ ~ PROPOSfD CONVfR510N (IN-Plf\Cf) Of fX, flOAl1NcA DOCK fO flXW DOCK .........)J:l2:~?:; O~~,......~ .........a>~~ ~~~~~ ~~~~ ~C)~~ . ZS! '3 3: Z:~'3C) -<~C)< ~~ C 2) P.AJR5 OF 8" 1lE-OFf Plch I -+-161 I